50-U.S.C.-403-5B
§403-5B – §403-5B. Disclosure of Foreign Intelligence Acquired In Criminal Investigations; Notice of Criminal Investigations of Foreign Intelligence Sources
Pathway
Title 50 > Chapter 15 > Subchapter I > Section 403-5b
Details
- Reference: Section 403-5b
- Legend: §403-5B – §403-5B. Disclosure of Foreign Intelligence Acquired In Criminal Investigations; Notice of Criminal Investigations of Foreign Intelligence Sources
- USCode Year: 2012
Provision Content
(a) Disclosure of foreign intelligence
(1) Except as otherwise provided by law and subject to paragraph (2), the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, shall expeditiously disclose to the Director of National Intelligence, pursuant to guidelines developed by the Attorney General in consultation with the Director, foreign intelligence acquired by an element of the Department of Justice or an element of such department or agency, as the case may be, in the course of a criminal investigation.
(2) The Attorney General by regulation and in consultation with the Director may provide for exceptions to the applicability of paragraph (1) for one or more classes of foreign intelligence, or foreign intelligence with respect to one or more targets or matters, if the Attorney General determines that disclosure of such foreign intelligence under that paragraph would jeopardize an ongoing law enforcement investigation or impair other significant law enforcement interests.
(b) Procedures for notice of criminal investigations
Not later than 180 days after October 26, 2001, the Attorney General, in consultation with the Director of National Intelligence, shall develop guidelines to ensure that after receipt of a report from an element of the intelligence community of activity of a foreign intelligence source or potential foreign intelligence source that may warrant investigation as criminal activity, the Attorney General provides notice to the Director, within a reasonable period of time, of his intention to commence, or decline to commence, a criminal investigation of such activity.
(c) Procedures
The Attorney General shall develop procedures for the administration of this section, including the disclosure of foreign intelligence by elements of the Department of Justice, and elements of other departments and agencies of the Federal Government, under subsection (a) of this section and the provision of notice with respect to criminal investigations under subsection (b) of this section.
(July 26, 1947, ch. 343, title I, §105B, as added Pub. L. 107–56, title IX, §905(a)(2), Oct. 26, 2001, 115 Stat. 388; amended Pub. L. 108–458, title I, §1071(a)(1)(G), (H), (2)(B), (C), Dec. 17, 2004, 118 Stat. 3689, 3690.)
Prior Provisions
A prior section 403–5b, act July 26, 1947, ch. 343, title I, §105B, as added Pub. L. 106–120, title V, §501(a)(1), Dec. 3, 1999, 113 Stat. 1616, which related to protection of operational files of the National Imagery and Mapping Agency, was renumbered by subsequent acts and transferred, see section 432 of this title.
Amendments
2004—Subsec. (a)(1). Pub. L. 108–458, §1071(a)(1)(G), substituted Director of National Intelligence” for Director of Central Intelligence”.
Subsec. (a)(2). Pub. L. 108–458, §1071(a)(2)(B), struck out of Central Intelligence” after Director”.
Subsec. (b). Pub. L. 108–458, §1071(a)(2)(C), struck out of Central Intelligence” after notice to the Director”.
Pub. L. 108–458, §1071(a)(1)(H), substituted with the Director of National Intelligence” for with the Director of Central Intelligence”.
Effective Date of 2004 Amendment
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 401 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title.
U.S. Encyclopedia of Law Coverage
50-U.S.C.-403-2A in the Legal Encyclopedia: National Defense
In this entry about 50-U.S.C.-403-2A, find legal reference material, bibliographies and premiere content related to national defense in the American Encyclopedia of Law, presenting a comprehensive view of the United States national defense-specific issues, written by authorities in the field.
50-U.S.C.-403-5B in the Legal Encyclopedia: National Security
In this entry about 50-U.S.C.-403-5B, find legal reference material, bibliographies and premiere content related to national security in the American Encyclopedia of Law, presenting a comprehensive view of the United States national security-specific issues, written by authorities in the field.
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